What is the difference between Mediation and Arbitration
Arbitration is similar to a court process in that each side presents their case (arguments) and then the adjudicator decides and that decision is binding on the parties whether they like it or not. This process can be lengthy and formal and the arbitrator is bound to rigidly apply the law even if that results in an outcome that is less than ideal for one or more of the parties.
Mediation differs from arbitration as the mediator is a neutral and independent person and will help you reach a settlement that you both agree to and is not a rigid agreement bound by the law but one with flexibility covering both of your needs/wants. A mediator has no power to impose a decision on you, it tends to be a quicker process, led by you both to a settlement.
Arbitration means the dispute will definitely be resolved one way or the other whereas mediation can end in no settlement in which case the parties may have to resort to Court or arbitration.
Adrianne is a nationally accredited mediator/arbitrator. She has experience with mediating both complex property and child care matters. Mediation is a more cost-effective way to resolve any dispute meaning you can all move on with your new life as quickly and as painlessly as possible.
We offer two types of mediation.
The first form of mediation involves a process where the couple arrange to see her for several sessions. If appropriate this can occur independently for the first time so they have a safe place to speak and voice concerns. Adrianne can help with this when you and your partner are still together but there is conflict and you wish to avoid it getting any worse, or you have separated and are keen to settle things amicably or you have tried to sort things out but got stuck. Adrianne can also assist if your separation has become difficult, bitter and drawn out. Following the initial meeting you will both meet together with Adrianne to work through and resolve issues. This process can be as little as 3 sessions from meeting to signing an agreement or if more complex or difficult it can involve more sessions but this is at a fraction of the cost and time of both of you hiring lawyers and engaging in the court system.
The second form of mediation is when you both and your lawyers engage in a mediation process and an independent mediator is appointed, this is often for a day and this is to settle all outstanding matters-be they parenting or property. Adrianne is an experienced mediator and is able to assist as an independent mediator.
Typical disputes Adrianne mediates are;
Relationship property including complex property involving trusts and companies;
Parenting-day to day care and contact;
Guardianship issues such as schooling, overseas travel,
Relocation and Hague;
Why is mediation the best option?
99 percent of disputes that come before us are settled by the parties out of court. Mediation offers you both the control you need to settle your matters in a practical and inexpensive manner.
In a Courtroom setting or process, we often see our clients/parties become entrenched with their former partner on matters which could be decided quickly if a different approach were taken. This process often leaves both parties feeling exhausted, trapped and if the matters turn nasty, then leave both parties with a toxic relationship moving forward. The Court process is slow and, in some matters, goes on for years. This process alone is very exhausting and can leave scars not only on you but on your children. We want you to avoid this at all costs and we can offer you the expert advice you need during this time.
Medication is cost effective, a fraction of what it would cost to be in the court system. Mediation is results driven given you both are involved directly in solving the problems and coming up with solutions. 99 percent of couples that have chosen this method and have settled and been able to arrive at their own parenting agreement and/or a property agreement rather than having one imposed on your both by a Judge which often leaves one party or both parties unhappy.
No matter how you think you feel about the person at the time, and it is common to think that you could never be in the same room with them, or you are simply just not ready to see them, mediation produces outstanding results pushing you past this common concern into a settled outcome so you can both move on with your life.
In the event you chose mediation and you cannot settle the issues. At the very least, you leave mediation knowing what the issue or issues are which narrows down what needs to be done to finalise any agreement.
The Mediation process is also invaluable if you have children because it is a faster way of settling and working out your differences so your children do not get involved directly or indirectly in conflict and it allows you to move on faster which allows you to spend the time putting your life and new direction in place not stuck feeling anxious and uncertain, living with the anxiety and stress that divorce can bring if not handled well.
Each mediation session is for a significantly lower fee than what it costs for you both to engage a lawyer for more costly legal work. This allows you to keep your money in your pocket to spend it on what is really important. Mediation causes less acrimony and stress between the couple, as many couples, although they separate as individuals, have to parent together for the rest of their lives the skills you learn in mediation process will assist you moving forward.
My standard hourly fee is $350.00 plus GST and can be adjusted, or even waived in some circumstances to suit your circumstances as access to an alternative form of dispute resolution is important for all families and cost should not be a barrier.
My standard half day rate is $1750.00 + GST and my full day rate is $3500.00 +GST.
Although based in Auckland I work all around New Zealand.
Engaging a mediator is by far the most cost effective of settling your matter leaving you both emotionally intact and the money that you save for the important things in your life.